1876.

§ 2. This act shall take effect from and after the first Monday of August, 1876.

Approved March 13, 1876.

of first election.

CHAPTER 682.

AN ACT to amend an act to create a court of common pleas in the counties

of Boyle, Garrard, Lincoln, Marion, Mercer, Rockcastle, and Washington, approved March 6, 1876.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section two of an act to create a court of common Change time pleas in the counties of Boyle, Garrard, Lincoln, Marion, Mercer, Rockcastle, and Washington, approved March 6, 1876, be, and is hereby, amended by striking out the words "first Monday in April," and inserting in lieu thereof the words "fourth Saturday in May."

§ 2. This act shall take effect from its passage.

Approved March 13, 1876.

712.

p.

CHAPTER 702.

AN ACT regulating tax on circuses, menageries, theatres, &c., in Kentucky, Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That all circuses, menageries, or other exhibitions disChanges sec. played under canvas, shall pay a license tax of one dollar for 72, Gen. Stat. each one hundred voters in the county in which the exhibition is given, for each separate exhibitions to which an admission fee may be charged: Provided, The tax shall not exceed twenty dollars: And provided further, That each side show, where a separate admission fee is charged, shall be taxed as a separate show.

2. That hereafter all incorporated towns and cities in this Gives cities & Commonwealth shall have the exclusive right to license and right to license tax all theatrical and other performances which may be exhib. performances in theatres or halls, ited in theatres or halls.

towns exclusive

§ 3. All acts and parts of acts in conflict with this act are hereby repealed.

§ 4. This act to take effect from its passage; but the provisions thereof shall not apply to the town of Ashland, in Boyd county.

1876.

Approved March 14, 1876.

CHAPTER 703.

AN ACT declaring the Cumberland river and tributaries above the falls navigable streams.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Cumberland river is hereby declared to be a navigable stream from the falls of Cumberland to the mouth of the Poor Fork, in Harlan county; up the Poor Fork to Charles Bebei's, in Fletcher county; up Clover Fork to the old Jonathan Kelly farm, in Harlan county; up Martin's Fork to the widow Middleton's, in Harlan county; Luna creek for seven miles above its mouth; Walden's creek for six miles above its mouth; Packet's creek to old man James Howard's farm; Browne's creek from its mouth to Mirricles; Yellow creek from its mouth to six miles above where it crosses the Wilderness Turnpike Road, in Bell county; Straight creek from its mouth to the forks of the creek, and up the left hand fork to the old Frank Gambril farm; up the right hand fork to the salt tree; Four Mile creek from its mouth six miles up; Greasy creek from its mouth to two miles above Daniel Dean's mill; Brush creek from its mouth seven miles up; Stinking creek from its mouth to the Forks of Stinking, and up the left hand fork two miles above John Mills' mill; up the right hand fork to opposite the Frank Gambril farm, on Straight creek; Fighting creek from its mouth to where it crosses the road leading from Barbourville to the old State road; Little Richland from its mouth to where it crosses the old State road; Big Richland from its mouth to the Laurel county line; Little Poplar from its mouth for six miles up; Indian creek from its mouth to where it crosses the Whitley road; Big Poplar from its mouth to the forks of same above the old Josh Tr farm; Clear Fork of Cumberland from its mouth to the Tennessee line; Wall's creek from its mouth to Gray's mill; Jellico creek from its mouth to Fuly's mill.

1876.

§ 2. Be it further enacted, That this act is not to interfere with any mills or mill privileges heretofore established.

§3. Be it further enacted, That any person owning or cultivating land on each side of any of the tributaries named, may have the right to erect and keep up water-gaps in a low time of water without being liable for prosecution for obstructing a public highway.

§ 4. Be it further enacted, That any person or company floating logs down the Cumberland river, or any of the tributaries named, herein named, should injure any mill-dam or mill-house heretofore established, shall be liable to the owner for all damages that may be done to same, to be recovered in any court having jurisdiction.

§ 5. That in case parties floating logs down any of the streams mentioned in this act shall injure any mill-house, or mill-dam, the person injured shall have a right of action against the parties or company floating the logs in the county where the injury is done, and may have process served upon the person, corporation, or company in any county in this State: Provided, That if any foreign company or corporation shall be sued for any injury to property, as herein before provided, the plaintiff may serve process upon the agent or manager of the company's business in any county in this State, and the same shall hold good and valid as if served upon each member of the company or corporation in the county where the suit is brought.

§ 6. This act shall be in force from and after its passage.

Approved March 14, 1876.

cent. the rate of

interest when in

CHAPTER 704.

AN ACT to amend chapter sixty of the General Statutes, title "Interest and

Usury."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That said chapter be, and the same is hereby, amended Makes 8 per by striking out the word "ten," in the sixth line of the first section of article two of said chapter, and by inserting in lieu thereof the word "eight," and by striking the word “ten”. from the third line of section five in said article, and by

writing.

See p. 564, Gen.

Stat.

inserting in lieu thereof the word "eight" in said last mentioned line.

§ 2. All laws or parts of laws in conflict with the provisions of said chapter, as hereby amended, are, to the extent of such conflict, hereby repealed.

§ 3. The provisions of this act shall not affect any contract, or any right growing out of any contract, which shall have been made prior to the first day of September, 1876.

§ 4. This act shall take effect on the first day of September, 1876.

1876.

Takes effect Ist September, 1876.

Approved March 14, 1876.

CHAPTER 722.

AN ACT to amend chapter forty-two, title "Ferries," General Statutes. WHEREAS, It is represented to this General Assembly that the now established ferry landing in the town of Catlettsburg has been long since abandoned, and is in a condition that the same cannot be used, and that the public convenience greatly requires a new ferry site within four hundred yards of the present ferry landing, and the county court of Boyd county has no power to grant the relief.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Boyd county court is empowered and authorized to establish a ferry for the ferrying across the Ohio and Big Sandy rivers, within the corporate limits of the town of Catlettsburg, upon the application of the owner or owners of the land within said corporation most suitable for said landing, he or they complying with the provisions of the law now provided for the establishing of ferries under the chapter to which this is an amendment.

§ 2. That subsections Nos. one and two (1 and 2) of section twenty (20) of said chapter forty-two is hereby repealed, so far as is inconsistent with the provisions of this act.

§ 3. This act shall take effect and be enforced from and after its passage.

Approved March 15, 1876.

CHAPTER 735.

AN ACT to amend section sixteen, article thirteen, chapter thirty-eight, of the General Statutes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section sixteen of article thirteen, and chapter thirty-eight, of the General Statutes, be amended by adding the words with a family" after the word “ housekeepers," and before the word "of," in line third of said section. § 2. This act shall be in force from its passage.

Approved March 15, 1876.

purchase or con

acres to United

homesteads and residences.

CHAPTER 736.

AN ACT giving the consent of the Legislature of this State to the purchase

or condemnation by the United States Government of land within the State for public purposes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the consent of the General Assembly of the ComGives right of monwealth of Kentucky be, and the same is hereby, given to demnation of 5 the purchase by the Government of the United States, or States, except under the authority of the same, of any tract, piece, or parcel of land from any individual or individuals, bodies-politic or corporate, within the boundaries or limits of the State, for the purpose of erecting thereon light-houses, beacons, works for improving navigation, post-offices, custom-houses, or any other needful public structures whatever; and all deeds, conveyances of title papers for the same, shall be recorded as in other cases upon the land record of the county in which the land so conveyed may lie: Provided, That the quantity of land shall not, at any place, exceed five acres, and that the Commonwealth of Kentucky hereby reserves the right to execute powers, both civil and criminal, within the limits of any lot or parcel of land so purchased by the United States, the consent herein and hereby given being in accordance with the seventeenth clause of the eighth section of the first article of the Constitution of the United States, and with the acts of Congress in such cases made and provided.